Albert Lea, MN                                                                                                             June 10, 2002

 

The regular meeting of the Albert Lea City Council was called to order at 7:30 P.M. in the City Center Council Chambers by Mayor Bob Haukoos.

ROLL CALL

Present were Councilors David McPherson, George Marin, Ron Sorenson, Mary Kron, Al Brooks and Mayor Bob Haukoos. Absent was Councilor Warren Amundson.  Also present were City Manager  Paul T. Sparks, City Attorney Steven Schwab,  Public Works Director David R. Olson, Council Secretary Sandi Behrens and representatives from KATE Radio and the Albert Lea Tribune.

The City Council recited the Pledge of Allegiance and Councilor Marin recited the Serenity Prayer.

CONSENT AGENDA

(a)               APPROVAL OF THE MINUTES FROM THE COUNCIL MEETING OF MAY 28, 2002.

(b)      LICENSES APPROVED:

            ANNUAL LICENSE

            FIREWORKS

            Rainbow Foods, 1619 West Main Street

            Tim Bachtle d/b/a Vapor of Smoke Fireworks, 1028 NE 11th Avenue, Owatonna

            Kwik Trip, 1210 East Main Street

            Kwik Trip, 906 Front Street

            TEMPORARY LICENSE

            FOOD/BEVERAGE

            American Legion, 142 North Broadway, for July 4th

            OFF-PREMISES LIQUOR

            Brian Johannsen d/b/a Andy’s Roadhouse Bar & Grill, for the Freeborn County                                     Fairgrounds on June 15 (Low Bucks Car Club Eddie Cochran Days dance)

            Brad Hegwood d/b/a Nasty Habit for the City Arena on July 27 (Adult Hockey                                    Tournament)

 (c)  RESOLUTION 02-121 ADOPTED – APPROVE LAWFUL GAMBLING                             APPLICATION:    Resolution  02-121 approves a Lawful Gambling Premises Permit Application for the Albert Lea Amateur Hockey Association for operations at The Cubby Hole, 721 Marshall Street.

(See Secretary's Original Resolution

02-121 included with these minutes.)

 

       (d)    RESOLUTION 02-122 ADOPTED – APPROVE LAWFUL GAMBLING                                 APPLICATION:  Resolution 02-122 approves an Application to Conduct Excluded Bingo for the Recreation Glenville Community Corporation for bingo operations at Hot Shots, 1119 South Broadway Avenue.

(See Secretary’s Original Resolution

02-122 included with these minutes.)

   (e)   RESOLUTION 02-123 ADOPTED – CLAIMS: Resolution 02-123 presents the financial claims of the City.

                                                    (See Secretary's Original Resolution

                                                     02-123 included with these minutes.)

Councilor Brooks moved, Councilor Kron seconded, that the consent agenda items be adopted.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the consent agenda items adopted.

REQUEST TO USE PARKING STALLS APPROVED

City Manager Sparks explained that the American Legion has requested permission to use two parking stalls in front of the Legion on the 4th of July for the purpose of selling food items off the sidewalk.

Councilor Kron moved, Councilor McPherson seconded, that the request of the American Legion to use two parking stalls in front of its facility at 142 North Broadway on July 4th , be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and permission granted.

RESOLUTION 02-124 ADOPTED – APPROVE MINNESOTA LAWS CHAPTER 318

City Manager Sparks told the Council that this resolution approves formal acceptance of Minnesota Laws Chapter 318 (Senate File 2739) as required subsequent to legislative approval.  This is the law which created three additional on-sale liquor licenses for the City. 

After Council discussion, Councilor Kron moved, Councilor Sorenson seconded, that Resolution 02-124, approving Minnesota Laws Chapter 318, be approved.  On roll call vote, all Councilors voted in favor of the motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

                                                   (See Secretary's Original Resolution

                                                    02-124 included with these minutes.)

BOARD OF REVIEW FINAL REPORT APPROVED

Subsequent to the Board of Review meeting on May 16, the Freeborn County Assessor’s Office staff met with the individuals raising issues relating to market values and were able to resolve those issues during those meetings.

Councilor McPherson moved, Councilor Brooks seconded, that the final report of the Board of Review be approved as presented.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the final report accepted.

ORDINANCE 54, 3D INTRODUCED – ACCEPTING ANNEXATION ORDERS

City Manager Sparks explained that the City has received an acknowledgement of the joint resolution  for orderly  annexation  for  property along  Southeast  Marshall  consisting  of 25.3 acres from the Minnesota Office of Strategic and Long Range Planning and that this Ordinance accepts those orders.

Councilor Kron introduced Ordinance 54, 3d, accepting the annexation of the area along Southeast Marshall. Ordinance 54, 3d will lay over for a second reading and public hearing pursuant to Charter requirements.

(See Secretary’s Original Ordinance

54, 3d included with these minutes.)

RESOLUTION 02-125 ADOPTED – APPROVING CONDITIONAL USE PERMIT

City Manager Sparks noted that this resolution approves a conditional use permit approving for-sale twin homes in the Summerdale Addition.  There is a minor property line question that is best resolved with a conditional use permit.

After Council discussion, Councilor Sorenson moved, Councilor Marin seconded, that Resolution 02-125, approving a conditional use permit for for-sale twin homes in the Summerdale Addition, be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution

02-125 included with these minutes.)

RESOLUTION 02-126 ADOPTED – DECLARING CARLSEN COMPANIES LOAN NON-PERFORMING

City Manager Sparks told the Council that the Economic Development Revolving Fund loan to Carlsen Companies of Albert Lea/Crossroads Farms in the amount of $125,000 authorized in Resolution 01-229 on October 8, 2001 has become non-performing.  He recommended that the Council take steps to reduce the equity in the revolving loan fund to reflect the non-performing loan.  He noted that the City will continue to pursue collection of this loan but the financial statements regarding the revolving fund will more accurately reflect the current status of the loan and its possible uncollectible nature.

After Council discussion, Councilor Sorenson moved, Councilor Kron seconded, that Resolution 02-126, declaring Carlsen Companies of Albert Lea/Crossroads Farms loan in the amount of $92,548.42 as non-performing, be adopted.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the resolution adopted. 

(See Secretary's Original Resolution

02-126 included with these minutes.)

RESOLUTION 02-127 ADOPTED – REQUESTING MN DOT LIMITED USE PERMIT

City Manager Sparks commented that the First Impressions Group is interested in erecting welcome signs at three locations into Albert Lea.  The three locations have been identified and all require Minnesota Department of Transportation approval.   MN DOT has asked that we approve a resolution asking for a limited use permit for the signs and will be accepted similar to an easement agreement including certain restrictions.

After Council discussion, Councilor Sorenson moved, Councilor Marin seconded, that Resolution 02-127, requesting a MN DOT limited use permit for welcome sign placement, be approved.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

02-127 included with these minutes.)

RESOLUTION 02-128 ADOPTED – APPROVING CVB CONTRACT

City Manager Sparks explained that this resolution approves a contract with the Convention and Visitors Bureau for a period from January 1, 2002 through December 31, 2002. 

After Council discussion, Councilor Sorenson moved to approve the proposed contract with the deletion of the second paragraph in Section 5 noting his feeling that the clause is redundant and misleading.  Councilor Kron seconded the motion.

Council discussion centered around the fact that this clause was discussed at a workshop meeting with the CVB and that the Council can choose not to give any remaining funds to the CVB regardless of whether the clause remains in the contract.

Randy Kerr, 1712 Plainview Lane, told the Council that leaving the clause in the contract would formalize the review process and encourages openness. 

Anthony Trow, 522 Park Avenue, told the Council that leaving the clause in the contract makes the contract more friendly, that no additional revenues are guaranteed and that the clause doesn’t add anything to the CVB funding without prior Council approval. 

On roll call vote, Councilors Sorenson and Kron voted in favor of said motion with Councilors McPherson, Marin, Brooks and Mayor Haukoos voting nay.  Mayor Haukoos declared the motion failed .

After additional Council discussion, Councilor Marin moved, Councilor Brooks seconded, that Resolution 02-128, approving the Convention and Visitors Bureau contract as presented, be approved.  On roll call vote, Councilors McPherson, Marin, Brooks and Mayor Haukoos voted in favor of said motion with Councilors Sorenson and Kron voting nay.  Mayor Haukoos declared the motion carried and the resolution adopted.

(See Secretary's Original Resolution

02-128 included with these minutes.)

REQUEST FOR DOCK SPACE DENIED

City Manager Sparks reported that he had received a request from David Berg, 137 Bridge Avenue, for the creation of a new dock location immediately north of his present boat dock and adjacent to his property.  He noted that the City has never permitted a dock site in that location because of limited parking, potential for debris so close to the dam and the wave action experienced in that area.

After Council discussion, Councilor Kron moved, Councilor Sorenson seconded, that the request of David Berg for a dock location immediately north of his current location, be denied.  On roll call vote, all Councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the request for a dock space denied.

UNLISTED ITEMS

WARD ITEMS

Second Ward, Councilor McPherson:

(a)    Thanked the Engineering Department for prompt responses to his requests.

Third Ward, Councilor Marin:

            (a)  Requested that staff provide information on insurance options for the skate park.  City Manager Sparks requested a Council vote to request that information.  Councilor Marin moved to request the information on insurance options.  There was no second.  Mayor Haukoos declared that the motion dies for lack of a second.

Sixth Ward, Councilor Brooks:

            (a)  Requested that residents in the Dawn Acres area be notified that the paving project is still in the works.  City Manager Sparks explained that the Engineering Department is currently bogged down with projects already in progress and questioned whether the staff could contact an individual by telephone with that individual passing the information on to neighbors.

Mayor Haukoos passed along his appreciation to the Engineering Department for foresight in replacement and repairs to manholes prior to paving in the downtown area.  He noted that a little inconvenience now would prevent having to tear up pavement after the project is complete.

PUBLIC ITEMS

Tony Trow, 522 Park Avenue, told the Council his belief that Berg could extend his dock all the way to the dam.  He also thanked the City Council for the public dock at the beach.  He noted that most boaters preferred to use the sandy area of the beach as they could keep a closer eye on their boats.  He suggested some type of signage that the dock is available to the public.

 ADJOURNMENT – 8:08 P.M.

Councilor Brooks moved, Councilor Marin seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, June 24, 2002.  On roll call vote, all councilors voted in favor of said motion.  Mayor Haukoos declared the motion carried and the meeting adjourned.  

Filed and attested June 11, 2002.

 

________________________                                     _____________________________

Secretary of the Council                                          Mayor